Scerri v Randwick City Council [2024] NSWLEC 1449

Land and Environment Court New South Wales

Medium Neutral Citation: Scerri v Randwick City Council [2024] NSWLEC 1449 Hearing dates: 23 July 2023 Date of orders: 31 July 2024 Decision date: 31 July 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application No DA/1100/2023 for Strata subdivision of existing dual occupancy to create two (2) new lots at 1304 Bunnerong Road, Phillip Bay is determined by the grant of consent subject to the conditions of consent in Annexure A. (3) All Exhibits are retained. Catchwords: DEVELOPMENT APPEAL – residential strata subdivision of dual occupancy (attached) – minimum lot size - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Interpretation Act 1987, s 68 Land and Environment Court Act 1979, ss 34AA, 39 Strata Schemes (Freehold Development) Act 1973 Strata Schemes (Leasehold Development) Act 1973 Strata Schemes Development Act 2015 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Randwick Local Environmental Plan 2012, cll 2.6, 4.1A Cases Cited: Barhom v Randwick City Council [2024] NSWLEC 1357 Albert Square NSW Pty Ltd v Randwick City Council [2021] NSWLEC 1401 Kelly v Randwick City Council [2018] NSWLEC 1322 Kingsford Property Developments v Randwick City Council [2019] NSWLEC 1486 MMP 888 Pty Ltd v Randwick City Council [2019] NSWLEC 1646 Category: Principal judgment Parties: Adam Scerri (Applicant) Randwick Council (Respondent) Representation: Counsel: J Palmer (Solicitor)(Applicant) A Seton (Respondent)